20 Mar 2020
SCHMUCK v NORTHLAND REGIONAL COUNCIL [2020] NZHC 590
- Citation
- [2020] NZHC 590
- Court
- High Court
The Environment Court committed reversible error by (a) declining jurisdiction to consider renewal of discharge consents as they applied to the Esplanade Reserve based on a typographical misdescription without first giving the parties an opportunity to address that issue, and (b) failing to revert to the parties after a site inspection before adopting and applying a Court-derived discharge solution; those breaches of natural justice were material and the Court also erred in law in interpreting the consents so as to exclude the Reserve. The Environment Court decision is set aside and remitted…